Crime and Courts Bill (HC Bill 137)

(b) for “a county court” substitute “the family court”, and

(c) for “made by a magistrates’ court” substitute “under this Part”.

(3) In subsection (3)—

(a) for “a county court” substitute “the family court”,

(b) 5for “a magistrates’ court” substitute “the family court”.

80 Section 29 (appeals) is repealed.

81 (1) Section 30 (provisions as to jurisdiction and procedure) is amended as
follows.

(2) Omit subsections (1) and (1A) (limits on jurisdiction of magistrates’ courts to
10deal with applications under Part 1).

(3) In subsection (5) (jurisdiction of magistrates’ court under Part 1 exercisable
notwithstanding that a party to proceedings is not domiciled in England and
Wales) for “a magistrates’ court” substitute “the family court”.

(4) Omit subsection (6) (interpretation of subsections (1) and (1A)).

82 15Section 31 (constitution of courts) is repealed.

83 (1) Section 32 (enforcement etc of orders for payment of money) is amended as
follows.

(2) Omit subsection (1) (order under Part 1 to be enforced as a magistrates’ court
maintenance order).

(3) 20In subsection (2) (power to order payment to a person on another’s behalf)—

(a) for the words from the beginning to “a magistrates’ court making”
substitute “The family court when making”, and

(b) omit the words after “to that other person”.

(4) In subsection (4) (arrears more than 12 months old not to be enforced
25without court’s permission) for “High Court or any county” substitute
“family”.

84 (1) Section 35 (orders for repayment in certain cases of sums paid after cessation
of order by reason of remarriage or formation of civil partnership) is
amended as follows.

(2) 30In subsection (1) (circumstances in which court may exercise powers under
subsection (2)) for “the court” substitute “the family court”.

(3) In subsection (2) (power to order repayment or partial repayment, or to
dismiss application) for “The court” substitute “The family court”.

(4) In subsection (4) (application to be made in enforcement proceedings, or to
35county court)—

(a) for “shall be made to a county court, except that such an application
may” substitute “may (but need not)”,

(b) omit “in the High Court or a county court”, and

(c) omit the words after “of this Act”.

(5) 40Omit subsection (6) (no limits on jurisdiction of county court under
subsection (4)).

(6) In subsection (7) (liability of court officers)—

(a) in the words before paragraph (a)—

(i) for “The designated officer for a magistrates’ court to whom
any payments under an order made under section 2(1)(a), 6
or 7 of this Act are required to be made,” substitute “An
5officer of the family court,”, and

(ii) for “the first-mentioned order” substitute “an order made
under section 2(1)(a), 6 or 7 of this Act”,

(b) in paragraph (a)—

(i) for “the designated officer,” substitute “an officer of the
10family court,”, and

(ii) for “in pursuance of the first mentioned order” substitute
“, in pursuance of an order made under section 2(1)(a), 6 or 7
of this Act requiring payments to be made to the court or an
officer of the court,”, and

(c) 15in the words after paragraph (b) for “first mentioned order”, in both
places, substitute “order made under section 2(1)(a), 6 or 7 of this
Act”.

85 In section 88 (interpretation)—

(a) in subsection (1) (defined terms), omit the definitions of “family
20proceedings” and “magistrates’ court maintenance order”, and

(b) omit subsection (4) (powers of magistrates’ courts acting in a local
justice area).

Civil Jurisdiction and Judgments Act 1982 (c. 27)Civil Jurisdiction and Judgments Act 1982 (c. 27)

86 (1) The Civil Jurisdiction and Judgments Act is amended as follows.

(2) 25In the second sentence of section 5(1) (enforcement of maintenance orders
under 1968 Convention) after “Article 32” insert “but, if the appropriate
court is a magistrates’ court in England and Wales, the Lord Chancellor is to
transmit the application to the family court”.

(3) In section 5(2) (determination of transmitted application) for “officer of that
30court” substitute “officer—

(a) of the family court if the application is transmitted to that
court, or

(b) in any other case, of the court having jurisdiction in the
matter”.

(4) 35Omit section 5(5A) to (5C) (enforcement in magistrates’ courts in England
and Wales).

(5) In section 5(7) omit “England and Wales or”.

(6) In section 5(8) omit paragraph (a) (including the “and” at the end).

(7) In the second sentence of section 5A(1) (enforcement of maintenance orders
40under the Lugano Convention of 2007) after “Article 39” insert “but, if the
appropriate court is a magistrates’ court in England and Wales, the Lord
Chancellor is to transmit the application to the family court”.

(8) In section 5A(2) (determination of transmitted application) for “officer of”
substitute “officer—

(a) 45of the family court if the application is transmitted to that
court, or

(b) in any other case, of”.

(9) Omit section 5A(5) (enforcement in magistrates’ courts in England and
Wales).

(10) In section 5A(7) omit “England and Wales or”.

(11) 5In section 5A(9) omit paragraph (a) (including the “and” at the end).

(12) Omit sections 6(3)(a) and 6A(3)(a) (appeals in England and Wales).

(13) In section 7(4) (interest on arrears)—

(a) omit “England and Wales or”,

(b) omit “section 2A of the Maintenance Orders Act 1958 or”, and

(c) 10for “enable” substitute “enables”.

(14) In section 15(3) (jurisdiction of magistrates’ courts)—

(a) after “particular magistrates’ court” insert “in Northern Ireland”,
and

(b) for “in the same local justice area (or, in Northern Ireland, for the
15same petty sessions district)” substitute “for the same petty sessions
district”.

(15) In section 36(1)(b) (registration of maintenance orders) for “county court
order, a magistrates’” substitute “family”.

(16) In section 48(3) (rules of court relating to maintenance orders)—

(a) 20in the words before paragraph (a) for “magistrates’ courts,”
substitute “the family court, the power to make rules of court for
magistrates’ courts in Northern Ireland,”,

(b) in paragraphs (a) and (g) after “purposes of” insert “the family court
or”, and

(c) 25in paragraphs (f) and (h) after “which” insert “the family court or”.

(17) In section 50 (interpretation) in the definition of “court of law”—

(a) after paragraph (a) insert—

“(aa) in England and Wales, the Court of Appeal, the High
Court, the Crown Court, the family court, the county
30court and a magistrates’ court,”, and

(b) in paragraph (b) omit “England and Wales or”.

Matrimonial and Family Proceedings Act 1984 (c. 42)Matrimonial and Family Proceedings Act 1984 (c. 42)

87 The Matrimonial and Family Proceedings Act 1984 is amended as follows.

88 In section 27 (interpretation of Part 3: financial relief in England and Wales
35after overseas divorce etc) in the definition of “the court” for the words after
“High Court or” substitute “the family court”.

89 In section 32 (meaning of “family business” etc) omit the definitions of “civil
partnership cause” and “the 1973 Act”.

90 Sections 33 to 36D (jurisdiction of county court in matrimonial causes and
40civil partnership causes) are repealed.

91 In section 37 (directions as to distribution and transfer of family business
and proceedings between the High Court and county court) for “county
courts” substitute “the family court”.

92 (1) Section 38 (transfer of family proceedings from High Court to county court)
is amended as follows.

(2) In subsection (1) (High Court’s power to transfer proceedings) for “a county
court” substitute “the family court.”

(3) 5In subsection (2) (proceedings which are transferable under the section)—

(a) in the words before paragraph (a), for “to a county court” substitute
“to the family court”,

(b) in paragraph (a) (proceedings commenced in High Court that are
within jurisdiction of county court) for the words after “jurisdiction
10of” substitute “the family court”, and

(c) in paragraph (c) (certain proceedings transferred to the High Court)
omit the words from “from” to “county court”.

(4) Omit subsections (3) to (3B) (identifying county court to which transfer to be
made).

(5) 15In subsection (5) (transferee court has jurisdiction), in the words before
paragraph (a), for the words after “to” substitute “the family court under this
section, the family court—”.

(6) In the heading omit “to county court”.

93 (1) Section 39 (transfer of family proceedings to High Court from county court)
20is amended as follows.

(2) In subsection (1) (power to transfer) for “a county court, the county court
may,” substitute “the family court, the family court may,”.

(3) In subsection (2) (proceedings which are transferable under the section) for
paragraphs (a) and (b) substitute—

“(a) 25all family proceedings commenced in the family court which
are within the jurisdiction of the High Court, and

(b) all family proceedings transferred from the High Court
under section 38 above.”

(4) In the heading omit “to county court”.

94 30Section 42 (county court proceedings in principal registry of Family
Division) is repealed.

Family Law Act 1986 (c. 55)Family Law Act 1986 (c. 55)

95 The Family Law Act 1986 is amended as follows.

96 In section 55(1) (application for declaration as to marital status may be made
35to High Court or county court) for “a county court” substitute “the family
court”.

97 In section 55A(1) (application for declaration of parentage may be made to
High Court, county court or magistrates’ court) for “, a county court or a
magistrates’ court” substitute “or the family court”.

98 (1) 40Section 56 (declarations of legitimacy or legitimation) is amended as follows.

(2) In subsection (1) (application for declaration of legitimacy may be made to
High Court or county court) for “a county court” substitute “the family
court”.

(3) In subsection (2) (application for declaration of legitimation may be made to
High Court or county court) for “a county court” substitute “the family
court”.

99 In section 57(1) (application for declaration as to adoption effected overseas
5may be made to High Court or county court) for “a county court” substitute
“the family court”.

100 Omit section 60(5) (appeals in relation to magistrates’ courts declarations
under section 55A).

Matrimonial Proceedings (Transfers) Act 1988 (c. 18)1988 (c. 18)

101 10In section 1(1) of the Matrimonial Proceedings (Transfers) Act 1988 (which
modifies section 38 of the Matrimonial and Family Proceedings Act 1984
(“the 1984 Act”)), in the paragraph (d) to have effect as if inserted into section
38(2) of the 1984 Act, after “from” insert “the family court or”.

Children Act 1989 (c. 41)Children Act 1989 (c. 41)

102 15The Children Act 1989 is amended as follows.

103 Omit section 11J(13) (section 11J is without prejudice to section 63(3) of the
Magistrates’ Courts Act 1980 as it applies in relation to contact orders).

104 In section 14(1) (enforcement of residence orders in magistrates’ courts) omit
“under section 63(3) of the Magistrates’ Courts Act 1980”.

105 20Omit section 15(2) (disapplication of powers of magistrates’ courts in
relation to maintenance orders).

106 In section 38B(4) (court’s power to accept undertaking relating to interim
care order is without prejudice to other powers of High Court and county
court) for “county court” substitute “family court”.

107 25In section 44B(4) (court’s power to accept undertaking relating to emergency
protection order is without prejudice to other powers of High Court and
county court) for “county court” substitute “family court”.

108 In section 83(5) (direction to obtain information for research purposes) for
“the designated officer for each magistrates’ court to which the direction is
30expressed to relate” substitute “an officer of the family court”.

109 (1) Section 92 (jurisdiction of courts) is amended as follows.

(2) Omit subsections (1) to (5) (which relate to family proceedings in
magistrates’ courts).

(3) Omit subsection (6) (which introduces Part 1 of Schedule 11).

(4) 35In subsection (7) (meaning of “the court”) for “the High Court, a county court
or a magistrates’ court” substitute “the High Court or the family court”.

(5) In subsection (8) (which qualifies subsection (7)) omit the words from “the
provision” to “Schedule 11 and to”.

(6) Omit subsections (9) to (10A) (Lord Chancellor’s power by order to provide
40for principal registry of Family Division of High Court to be treated as a
county court for specified purposes).

110 In section 93(2) omit paragraphs (d), (f), (g), (i) and (j) (rules of court:
magistrates’ courts).

111 Section 94 (appeals) is repealed.

112 Schedule 1 (financial provision for children) is amended as follows.

113 5In paragraph 1(1) (financial provision for children: orders against parents)—

(a) for “may—” substitute “may make one or more of the orders
mentioned in sub-paragraph (2).”, and

(b) omit paragraphs (a) and (b).

114 In paragraph 5 (provisions relating to lump sums), omit sub-paragraphs (2)
10and (4) (limits on amounts which may be ordered by magistrates’ courts).

115 (1) Paragraph 6A (variation etc of orders for periodical payments) is amended
as follows.

(2) In sub-paragraph (1)—

(a) for “a magistrates’” substitute “the family”, and

(b) 15for “sub-paragraphs (7) and (8)” substitute “sub-paragraph (7)”.

(3) In sub-paragraphs (1) and (7) (making provision as to payment when
exercising power to vary) for “paragraphs (a) to (d) of section 59(3) of the
Magistrates’ Courts Act 1980” substitute “section 1(4) and (4A) of the
Maintenance Enforcement Act 1991”.

(4) 20Omit sub-paragraphs (2) to (5) and (10) (power of justices’ clerk to vary
order).

(5) In sub-paragraph (6) (power to require account to be opened)—

(a) for “Subsection (4) of section 59 of the Magistrates’ Courts Act 1980”
substitute “Subsection (6) of section 1 of the Maintenance
25Enforcement Act 1991”, and

(b) for “sub-paragraphs (1) and (5)” substitute “sub-paragraph (1)”.

(6) Omit sub-paragraph (8) (duty to exercise powers in particular way).

(7) In sub-paragraph (9) (powers under paragraph only exercisable if payer
resident in England and Wales)—

(a) 30omit “, or of a justices’ clerk,”, and

(b) for the words from “which” to end substitute “unless at the time
when the order was made the person required to make the payments
was ordinarily resident in England and Wales.”

116 Omit paragraph 10(6) (limits on powers of magistrates’ courts to deal with
35applications for alteration of maintenance agreements).

117 In paragraph 11 (alteration of maintenance agreement after death of one of
the parties)—

(a) in sub-paragraph (1) (application to be made to High Court or
county court) for “a county court” substitute “the family court”,

(b) 40in sub-paragraph (3) (power of High Court and county court to
extend time limit for application) for “a county court” substitute “the
family court”, and

(c) omit sub-paragraph (5) (limits on jurisdiction of county court).

118 In paragraph 12 (enforcement of orders for maintenance)—

(a) in sub-paragraph (1) (person obliged to make maintenance
payments to give notice of change of address to person specified in
magistrates’ court order) for “a magistrates’ court” substitute “the
family court”, and

(b) 5omit sub-paragraph (3) (enforcement of orders made by magistrates’
courts).

119 In paragraph 13 (High Court or county court may order settlement of
instrument by conveyancing counsel) for “a county court” substitute “the
family court”.

120 10Omit paragraph 24(1) of Schedule 2 (enforcement of contribution orders
made by magistrates’ courts).

121 Omit Part 1 of Schedule 11 (jurisdiction).

Child Support Act 1991 (c. 48)Child Support Act 1991 (c. 48)

122 The Child Support Act 1991 is amended as follows.

123 15In section 10(5) (magistrates’ court rules: statements as to maintenance
assessments)—

(a) for “may be made under section 144 of the Magistrates’ Courts Act
1980 (rules of procedure) requiring” substitute “of court may
require”, and

(b) 20for “a magistrates’ court” substitute “the family court”.

124 In section 32L(10) (orders preventing avoidance: interpretation), in
paragraph (a) of the definition of “the court”, after “High Court” insert “or
the family court”.

125 In section 45(2)(a) (power of Lord Chancellor to provide for certain appeals
25to be made to a court: meaning of “court”) for the words after “England and
Wales” substitute “, the High Court or the family court; and”.

126 In section 48(1) (rights of audience for authorised officer of Commission)
after “before” insert “the family court or”.

Criminal Justice Act 1991 (c. 53)Criminal Justice Act 1991 (c. 53)

127 30In section 60(3) of the Criminal Justice Act 1991 (applications under section
25 of Children Act 1989 in certain cases) for “92(2) of that Act or section 65 of
the 1980” substitute “92(7) of that”.

Social Security Administration Act 1992 (c. 5)Social Security Administration Act 1992 (c. 5)

128 (1) In section 106 of the Social Security Administration Act 1992 (recovery of
35expenditure on benefit from person liable for maintenance)—

(a) in subsections (1) and (2) for “a complaint” substitute “an
application”,

(b) in subsection (1) (complaint by Secretary of State to magistrates’
court) for “a magistrates’ court” substitute “the family court”,

(c) 40in subsection (3) for “complaint” substitute “application”,

(d) omit subsection (5) (enforcement of orders made by magistrates’
courts), and

(e) in subsection (6) (application to Scotland) for the words after
“Scotland,” substitute “for the references to the family court there
shall be substituted references to the sheriff.”

(2) The amendments made by sub-paragraph (1) cease to have effect on the
5coming into force of the repeal of section 106 of the Social Security
Administration Act 1992 by Schedule 7 to the Welfare Reform Act 2009.

Family Law Act 1996 (c. 27)Family Law Act 1996 (c. 27)

129 The Family Law Act 1996 is amended as follows.

130 In section 45(2)(c) (ex parte orders: prejudice resulting from delay in
10effecting service) for the words from “involved—” to “case,” substitute
“involved”.

131 In section 46(5) (power to accept undertaking instead of making occupation
or non-molestation order does not affect other powers of High Court and
county court) for “the county court” substitute “the family court”.

132 15In section 47 (arrest for breach of order)—

(a) in subsection (11) (which introduces Schedule 5) for “a county court”
substitute “the family court”, and

(b) in subsection (12) (requirements to prevent person granted bail,
following alleged breach of order, from interfering with witnesses
20etc) omit “(whether in the High Court or a county court under
Schedule 5 or in a magistrates’ court under section 128 or 129 of the
Magistrates’ Courts Act 1980)”.

133 Section 50 (power of magistrates’ court to suspend execution of a committal
order) is repealed.

134 25Section 51 (power of magistrates’ court to order hospital admission or
guardianship) is repealed.

135 (1) Section 57 (jurisdiction of courts under Part 4) is amended as follows.

(2) In subsection (1) (default meaning of “the court”) for “the High Court, a
county court or a magistrates’ court” substitute “the High Court or the
30family court”.

(3) Omit subsections (2) to (12) (jurisdiction: Lord Chancellor’s powers).

136 Section 59 (jurisdiction of magistrates’ courts under Part 4) is repealed.

137 Section 61 (appeals) is repealed.

138 In section 63(1) (interpretation of Part 4), in the definition of “the relevant
35judicial authority”, for paragraphs (b) and (c) substitute—

“(aa) where the order was made by the family court, a judge of that
court.”

139 (1) Section 63M (jurisdiction of courts under Part 4A) is amended as follows.

(2) In subsection (1) (default meaning of “the court”) for “a county court”
40substitute “the family court”.

(3) Omit subsections (2) to (4) (application of section 57(3) to (12) with
modification).

140 Section 63N (power to extend jurisdiction to magistrates’ courts) is repealed.

141 Section 63P (appeals: Part 4A) is repealed.

142 In section 63S (interpretation of Part 4A) in the definition of “the relevant
judge”, in paragraph (b) for the words after “where the order was made by”
5substitute “the family court, a judge of that court.”

143 In section 65 (rules, regulations and orders)—

(a) in subsection (3) omit “, 63N”, and

(b) in subsection (4) omit “or 63N”.

144 (1) Paragraph 1 of Schedule 5 (powers to remand: meaning of “the court”) is
10amended as follows.

(2) In the words before paragraph (a) for “a county court” substitute “the family
court”.

(3) In paragraph (b) for the words after “in relation to” substitute “the family
court, a judge of that court.”

145 15In paragraph 1 of Schedule 7 (transfer of certain tenancies on divorce etc or
on separation of cohabitants: interpretation) for the definition of “the court”
substitute—

• ““the court” means the High Court or the family court,”.

Crime and Disorder Act 1998 (c. 37)Crime and Disorder Act 1998 (c. 37)

146 20The Crime and Disorder Act 1998 is amended as follows.

147 (1) Section 11 (child safety orders) is amended as follows.

(2) In subsection (1) (application to magistrates’ court for child safety order) for
“a magistrates’ court” substitute “the family court”.

(3) In subsection (6) (proceedings for child safety order to be family proceedings
25for the purposes of certain enactments) omit “or section 65 of the
Magistrates’ Courts Act 1980 (“the 1980 Act”)”.

148 (1) Section 12 (child safety orders: supplemental) is amended as follows.

(2) In subsection (1) (information to be obtained by magistrates’ court before
making child safety order) for “a magistrates’ court” substitute “the family
30court”.

(3) In subsection (2) (explanation to be given by magistrates’ court to parent or
guardian) for “a magistrates’ court” substitute “the family court”.

(4) In subsection (6) (powers of magistrates’ court where child has failed to
comply with child safety order) omit “or another magistrates’ court acting in
35the same local justice area”.

149 Omit section 13 (appeals to county court against child safety orders).

150 In section 13B(7) (parental compensation orders: offence) for “the 1980 Act”
substitute “the Magistrates’ Courts Act 1980 (“the 1980 Act”)”.

Adoption and Children Act 2002

151 40The Adoption and Children Act 2002 is amended as follows.

152 In section 13 (information concerning adoption)—

(a) in subsection (2) (court officers who are to provide information) for
paragraphs (a) and (b) substitute—

“(aa) the relevant officer of the family court, and”

(b) 5in subsection (3) (meaning of “relevant officer” in relation to county
court and High Court) for “a county” substitute “the family”.

153 Omit section 55(2) (revocation of adoptions on legitimation: interpretation in
relation to magistrates’ courts).

154 In section 60 (disclosure of information to adopted adult)—

(a) 10in subsection (2)(a) (High Court power by order to prohibit
disclosure) after “High Court” insert “or family court”,

(b) in subsection (3) (supplementary provision about orders under
subsection (2)(a)) after “High Court” insert “or family court”.

155 In section 92(1) (steps which may not be taken except by an adoption agency
15or in pursuance of High Court order) after “High Court” insert “or the family
court”.

156 In section 95(1)(d) (offences relating to payment for steps taken in
contravention of section 92(1)) after “High Court” insert “or family court”.

157 In section 101(1) (proceedings in High Court or county court may be heard
20in private) for “a County Court” substitute “the family court”.

158 Omit section 141(5) (rules of procedure: magistrates’ courts).

159 In section 144(1) (interpretation), for the definition of “court” substitute—

• ““court” means the High Court or the family court,”

Gender Recognition Act 2004 (c. 7)Gender Recognition Act 2004 (c. 7)

160 25In section 8 of the Gender Recognition Act 2004 (appeals against decision of
Gender Recognition Panel etc) in subsections (1) and (5) after “High Court”
insert “, family court”.

Civil Partnership Act 2004 (c. 33)Civil Partnership Act 2004 (c. 33)

161 The Civil Partnership Act 2004 is amended as follows.

162 30For section 37(4)(b) (in Chapter 2 of Part 2 “the court” includes certain county
courts) substitute—

“(b) the family court.”

163 In section 46(5)(a) (periods which may be treated for the purposes of section
44(5)(d) as periods during which respondent has deserted applicant) for “or
35a county court” substitute “, the family court or the county court”.

164 In section 58 (application for declaration may be made to High Court or
county court) for “a county court” substitute “the family court”.

165 (1) Section 66 (disputes between civil partners about property) is amended as
follows.

(2) 40For subsection (1)(b) (application may be made to county court prescribed
by rules of court) substitute—

“(b) the family court.”